Can a Lawyer explain how this is possible?

[KYMAR]

OK So maybe someone can give me an idea on what to do about this.

 

My brother has a very serious drinking problem, he is a classic stereotypical functioning alcoholic. Selfish, calculated, manipulative, and you simply can't believe a word he says. About anything....ever.

 

So he gets this job a few months ago. Tells his wife everything is going great. Should be bringing home X amount of money. Well the day comes when he's supposed to have it and he tries to run some BS past her and well, she knows better so she calls him out, they fight and he leaves taking her car, leaving her and her 3 kids (AWESOME kids btw) with no transportation. Short the money she was planning on having and he has basically disappeared. She went to the cops a few days later and had him declared missing so they did a cursory "search" for the car. Though my understanding of that is. If you pull this car over etc etc. I know they didn't exactly put together a manhunt, he committed no real crime.

 

Anyway, the car is in her name, she paid for it. I told her to report the car as stolen. She was reluctant because she didn't want him arrested and i convinced her at this point its a far better that he is arrested so maybe we can get him some help. So she went back to the police station and talked to the detective and he basically told her that because they are married, even though the car is in her name, she can't call it stolen.

 

This is outrageous to me! Is this true? (In ohio) how can he just take this woman's car that he had basically no part in obtaining in the first place? Is there a time frame that after which she can call it stolen? To me this is the best chance we have of finding him and like i said, getting him into a hospital.

 

EDIT: I should mention that after a few days, they basically closed the case, they are no longer looking for him or the car at all. So he could get pulled over for speeding or whatever and they would do nothing to stop him from leaving. Sop frustrating.

[Myherobobhope]

My wife is a lawyer... she says your brother has no rights to use the car, but if the police won't mark it stolen, there isn't much your SIL can do...

She suggests contacting the insurance company and having them get it reported stolen.

[KYMAR]

Thanks man I appreciate the effort to ask her! Thank her for me too. In fact, buy her something nice and expensive on my behalf. Really expensive and shiny.

[JustTheTips]

How do you know the husband doesn't have rights to use the car? For all we know the wife gave him a key and said you can drive my car. It also depends on when the car was acquire (pre marriage or not) and what state (I don't know Ohio law specifically). You can google this to find a zillion examples of this. The reality is that the police don't want to get involved in these type of domestic dispute cases. They all get cleared up when the couple gets divorced with no work on the police parts. And technically the husband probably is committing unauthorized use of a motor vehicle and not theft but that really doesn't change anything

I would assume the police would take a missing persons report and when the person is arrest or detained, they will let you know. But as you say they are not going to do a manhunt when there is no evidence of a crime.

And yeah the situation totally sucks.

[quote name='Myherobobhope' timestamp='1365278346' post='6774837']
My wife is a lawyer... she says your brother has no rights to use the car, but if the police won't mark it stolen, there isn't much your SIL can do...

She suggests contacting the insurance company and having them get it reported stolen.
[/quote]

[Tallen01]

Disclaimer--this definitely is not legal advice.

I do not know Ohio domestic relations law, but as the poster above said, my guess is that might have to do with the fact that property that was bought with money from the marriage is basically both of theirs, until a judge sorts it all it, or until the parties agree to divide it out however they choose.

Think of it this way--when assets are split up after a marriage sadly breaks apart, the property acquired during the marriage is likely to be divided as equally as possible. This can happen even though only one of them was working and providing the money to buy all of those assets. It is a lot more technical than that, and varies state by state, but you get the idea. So through the marriage, he might very well have some property interest in the car, just as she might have a property interest in the house and can't be excluded from it, even though she might have paid any of the mortgage. (Not the facts, just an example).

I'm very sorry to hear about this situation, and good luck to her.

[darnthealarm]

[quote name='KYMAR' timestamp='1364996795' post='6750583']
OK So maybe someone can give me an idea on what to do about this.

My brother has a very serious drinking problem, he is a classic stereotypical functioning alcoholic. Selfish, calculated, manipulative, and you simply can't believe a word he says. About anything....ever.

So he gets this job a few months ago. Tells his wife everything is going great. Should be bringing home X amount of money. Well the day comes when he's supposed to have it and he tries to run some BS past her and well, she knows better so she calls him out, they fight and he leaves taking her car, leaving her and her 3 kids (AWESOME kids btw) with no transportation. Short the money she was planning on having and he has basically disappeared. She went to the cops a few days later and had him declared missing so they did a cursory "search" for the car. Though my understanding of that is. If you pull this car over etc etc. I know they didn't exactly put together a manhunt, he committed no real crime.


Anyway, the car is in her name, she paid for it. I told her to report the car as stolen. She was reluctant because she didn't want him arrested and i convinced her at this point its a far better that he is arrested so maybe we can get him some help. So she went back to the police station and talked to the detective and he basically told her that because they are married, even though the car is in her name, she can't call it stolen.

This is outrageous to me! Is this true? (In ohio) how can he just take this woman's car that he had basically no part in obtaining in the first place? Is there a time frame that after which she can call it stolen? To me this is the best chance we have of finding him and like i said, getting him into a hospital.

EDIT: I should mention that after a few days, they basically closed the case, they are no longer looking for him or the car at all. So he could get pulled over for speeding or whatever and they would do nothing to stop him from leaving. Sop frustrating.
[/quote]

Go hire a lawyer. No free legal advice from me mouch.

[Arizonalefty59]

[quote name='darnthealarm' timestamp='1373759764' post='7449194']
[quote name='KYMAR' timestamp='1364996795' post='6750583']
OK So maybe someone can give me an idea on what to do about this.

My brother has a very serious drinking problem, he is a classic stereotypical functioning alcoholic. Selfish, calculated, manipulative, and you simply can't believe a word he says. About anything....ever.

So he gets this job a few months ago. Tells his wife everything is going great. Should be bringing home X amount of money. Well the day comes when he's supposed to have it and he tries to run some BS past her and well, she knows better so she calls him out, they fight and he leaves taking her car, leaving her and her 3 kids (AWESOME kids btw) with no transportation. Short the money she was planning on having and he has basically disappeared. She went to the cops a few days later and had him declared missing so they did a cursory "search" for the car. Though my understanding of that is. If you pull this car over etc etc. I know they didn't exactly put together a manhunt, he committed no real crime.


Anyway, the car is in her name, she paid for it. I told her to report the car as stolen. She was reluctant because she didn't want him arrested and i convinced her at this point its a far better that he is arrested so maybe we can get him some help. So she went back to the police station and talked to the detective and he basically told her that because they are married, even though the car is in her name, she can't call it stolen.

This is outrageous to me! Is this true? (In ohio) how can he just take this woman's car that he had basically no part in obtaining in the first place? Is there a time frame that after which she can call it stolen? To me this is the best chance we have of finding him and like i said, getting him into a hospital.

EDIT: I should mention that after a few days, they basically closed the case, they are no longer looking for him or the car at all. So he could get pulled over for speeding or whatever and they would do nothing to stop him from leaving. Sop frustrating.
[/quote]

Go hire a lawyer. No free legal advice from me mouch.
[/quote]
Hahaha come on man.

[PixlPutterman]

He must have done his pro bono for the year

[ej002]

Some states have community property where everything you own is partially your spouse's. I also think it has something to do with insurance. If you are insured, you are allowed to drive it. I know something similar that happened and the cops did nothing. Is there a title? Or is there still a loan? Who is the primary person on the loan? Is he a co-signor?

[Tudor]

the lady needs to see a lawyer , the car may be the least of her worries .

[ratdg1]

Ohio is not a community property state, but property acquired during the marriage may be considered to be jointly owned. Having said that, without being familiar with your sister's specific case, I can't really give you any advice beyond seeking out an attorney.

[Agent Jim]

[quote name='JustTheTips' timestamp='1365382489' post='6781765']
How do you know the husband doesn't have rights to use the car? For all we know the wife gave him a key and said you can drive my car. It also depends on when the car was acquire (pre marriage or not) and what state (I don't know Ohio law specifically). You can google this to find a zillion examples of this. The reality is that the police don't want to get involved in these type of domestic dispute cases. They all get cleared up when the couple gets divorced with no work on the police parts. And technically the husband probably is committing unauthorized use of a motor vehicle and not theft but that really doesn't change anything

I would assume the police would take a missing persons report and when the person is arrest or detained, they will let you know. But as you say they are not going to do a manhunt when there is no evidence of a crime.

And yeah the situation totally sucks.

[quote name='Myherobobhope' timestamp='1365278346' post='6774837']
My wife is a lawyer... she says your brother has no rights to use the car, but if the police won't mark it stolen, there isn't much your SIL can do...

She suggests contacting the insurance company and having them get it reported stolen.
[/quote]
[/quote]But its not really our (cops) job to get into stuff like this, that is for the lawyers. If she has documentation that she is the owner, its her car. She is reporting a crime. The least the police, and I, would do is draft a warrant and submit that to the State Attorney Office. If a crime is being claimed I investigate it as much as I can and turn over all my facts to the state. I will let the state review it, and if they like it it goes to a judge who reviews it. That is the proper course in my opinion, as a lowly deputy. But cops, just like all humans, are on a whole lazy. It's sad, because about 20 minutes of work could change this womans life.